2. Determination

A. In a criminal identification procedure based on the appearance, etc. of the suspect's appearance, etc., where one suspect alone is replaced with a witness or only one photograph of the suspect presented to the witness to confirm the suspect's identity, the credibility of the witness's statement in the criminal identification procedure by such a method is low unless there are additional circumstances such as the victim's statement that the suspect has been aware of the suspect's identity, and there are other circumstances to suspect the suspect as the offender, in addition to the victim's statement, unless there are additional conditions such as the victim's statement that there are other circumstances to suspect the suspect as the offender.

Therefore, in order to enhance the credibility of a witness's statement in the criminal identification procedure, a witness's statement or description is recorded in detail in advance in relation to the suspect's appearance, and the suspect, including the suspect, should be identified at the same time by facing the witness, and the suspect, witness, and the compared person should not be contacted in advance, and measures should be taken to make the process and result of the confrontation so that the value of evidence can be assessed ex post facto, such as text and photograph, etc. In order to enhance the credibility of the witness's statement in the criminal identification procedure, the criminal identification procedure should be basically followed (see Supreme Court Decisions 200Do4946, Feb. 9, 200; 2003Do7033, Feb. 27, 2004; 2007Do1950, May 10, 2007).